LexThe Chhattisgarh Rajya Alpsankhyak Ayog Adhiniyam, 1996
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THE MADHYA PRADESH RAJYA ALPSANKHYAK AYOG
ADHINIYAM, 1996
[No. XV of 1996]
(As amended by M.P. Act 11 of 2001)
[26th Sept., 1996]
CONTENTS
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
THE MADHYA PRADESH STATE COMMISSION FOR MINORITIES
3. Constitution of the Madhya Pradesh State Commission for Minoriti es
4. Terms of office and conditions of service of Chair -person and members
5. Officers and other employees of the Commission
6. Salaries and allowances to be paid out of grants
7. Vacancies, etc., not to invalidate proceedings of the Commission
8. Proced ure to be regulated by the Commission
CHAPTER III
FUNCTIONS OF THE COMMISSION
9. Functions of the Commission
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
10. Grants by the State Government
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11. Accounts and Audit
12. Annual Report
13. Annual Report to be laid before the Assembly
CHAPTER V
MISCELLANEOUS
14. Chairperson, Members and Staff of the Co mmission to be public servants
15. Power to make rules
16. Power to remove difficulties
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THE MADHYA PRADESH RAJYA ALPSANKHYAK AYOG
ADHINIYAM, 1996
[No. XV of 1996]
[26th Sept., 1996]
AMENDING ACT
Act No. 11 of 2001
An Act to constitute a State Commission for Minorities and to provide
for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh State Legislature in the Forty -
seventh Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, ext ent and commencement. —(1) This Act may be called
The Madhya Pradesh Rajya Alpsankhyak Ayog Adhiniyam, 1996.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. Definitions. —In this Act, unless the context otherwise requires:
(a) “Commission ” means the Madhya Pradesh State Commission for
Minorities constituted under Section 3;
(b) “ Member” means a Member of the Commission;
(c ) “Minority” for the purpose of this Act means, —
(i) a Community notified as such by the Central Government for the
purpose of National Commission for Minorities Act, 1992 (No.
19 of 1992), or
(ii) a Community notified as such by the State Government.
CHAPTER II
THE MADHYA PRADESH STATE COMMISSION FOR
MINORITIES
3. Constitution of the Madhya Pradesh State Commission for
Minorities. —(1) The State Government shall constitute a body to be known as the
Madhya Pradesh State Commission for Minorities to exercise the powers conferred
on, and to perform the functions assigned to it under this Act.
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(2) The Commission shall consi st of a Chairperson and two members to
be nominated by the State Government from amongst persons of eminence, ability
and integrity Provided that the Chairperson and one member shall be from amongst
the minority communities.
4. Terms of office and conditi ons of service of Chair -person and
Members. —(1) The Chairperson and every member shall hold office for a term of
three years from the date he assumes charge.
(2) The Chairperson or a Member may, by writing under his hand
addressed to the State Government, resign from the office of Chairperson or, as the
case may be, of the Member at any time.
(3) The State Government shall remove a person from the office of
Chairperson or a Member referred to in sub -section (2) if that person
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in
the opinion of the State Government, involve moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent
Court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absent
from three consecutive meetings of the Commission; or
(f) has, in the opinion of the State Government so abused the position of
Chai rperson or Member as to render that person’s continuance in
office detrimental to the interests of minorities or the public interest:
Provided that no person shall be removed under this clause until he has
been given a reasonable opportunity of being hear d in the matter.
(4) A vacancy caused under sub -section (2) or otherwise shall be filled
by fresh nomination.
(5) The salaries and allowances payable, to, and the other terms and
conditions of service of the Chairperson and Members shall be such as may b e
prescribed.
5. Officers and other employees of the Commission .—The State
Government shall provide the Commission with a secretary and such other officers
and employees as may be necessary for the efficient performance of the functions
of the Commission under this Act.
6. Salaries and allowances to be paid out of grants. —The salaries and
allowances payable to the Chairperson and Members and the Administrative
expenses, including salaries and allowances payable to the officers and other
employees shall be paid out of the grants referred to in sub -section (1) of Section
10.
7. Vacancies, etc. not to invalidate proceedings of the Commission. —
No act or proceedings of the Commission shall be questioned or shall be invalid
5
merely on the ground of the existence of any vacancy or defect in the Constitution
of the Commission.
8. Procedure to be regulated by the Commission .—(1) The
headquarters of the Commission shall be at Bhopal.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by
the Secretary or any other officer of the Commission duly authorised by the
Secretary in this behalf.
CHAPTER III
FUNCTIONS OF THE COMMISSION
9. Functions of the Commission. —(1) The Commission shall perform all
or any of the following functions, namely —
(a) Evaluate the progress of the development of minorities under the
State;
(b) monitor the working of the safeguards provided in the Constitution
and in laws enacted by the Parliament and the State Legislature ;
(c) make recommendations for the effective implementation of
safeguards for the protection of the interests of minorities by the
State Government;
(d) look into specific complaints regarding deprivation of rights and
safeguards of the minorities and t akeup such matters with appropriate
authorities under the control of the State Government;
(e) cause studies to be undertaken into problems arising out of any
discrimination against minorities and recommend measures for their
removal;
(f) conduct studies, research and analysis on the issue relating to socio -
economic and educational development of minorities;
(g) suggest appropriate measures in respect of any minority to he
undertaken by the State Government;
(h) make periodical or spec ial reports to the State Government on any
matter pertaining to minorities and in particular difficulties faced by
them; and
(i) any other matter which may be referred to it by the State Government:
Provided that if any recommendation made by the Commiss ion is
repugnant to the recommendation made by the National Commission for Minorities
on any matter relating to the State of Madhya Pradesh then the recommendation
made by the State Commission shall prevail.
(2) The . Commission shall, while performing an y of the functions
mentioned in sub -clauses (a), and (d) of sub -section (1) have all the powers of a
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Civil Court trying a suit and in particular, in respect of the following matters,
namely —
(a) summoning and any enforcing the attendance of any person fro m any
part of the State and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any office;
(e) issuing commissions for examin ation of witnesses and documents;
and
(f) any other matter which may be prescribed.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
10. Grants by the State Government. —(1) The State Government, shall
after due appropriation made by the State Legislature by law in this behalf, pay to
the Commission by way of grants such sums of money as State Government may
think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing
the functions under this Act, and such sums shall be treated as expenditure payable
out of the grants referred to in sub -section (1).
11. Accounts and Audit. —(1) The Commission shall maintain proper
accounts and other relevant records and prepare an annual statement of account in
such form as may be prescribed by the State Government in consultation with the
Accountant General, Madhya Pradesh.
(2) The Accounts of the Commission shall be audited by the Accountant
General at such intervals as may be specified by him and any expenditure in
connection with such audit shall be payable by the Commission to the Accountant
General.
(3) The Accountant General and any person appointed by him in
connection with the audit of the accounts of the Commission under this Act shall
have the same rights and privileges and authority in connection with such audit as
the Accountant General general ly has connection with the audit of Government
accounts and, in particular; shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to inspect any of
the offices of the Commission.
12. Annual Report. —The Commission shall prepare, in such form and by
such date for each financial year, as may be prescribed, its annual report giving a
full account of its activities during the previous financial year and forward a copy
thereof to the State Governm ent.
13. Annual Report to be laid before the Assembly. —The State
Government shall cause the annual report together with a memorandum of action
taken on the recommendations contained therein and the reasons for the non -
7
acceptance, if any of such recommenda tions and the audit report to be laid as soon
as may be after the report is received, before the Legislative Assembly.
CHAPTER V
MISCELLANEOUS
14. Chairperson, Members and Staff of the Commission to be public
servants. —The Chairperson, Members and employee s of the Commission shall be
deemed to be public servants within the meaning of Section 21 of the Indian Penal
Code.
15. Power to make rules. —(1) The State Government may, by
notification in the official Gazette, make rules for carrying out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters, namely: —
(a) salaries and allowances payable to; and the other terms and
conditions of servi ce of, the Chairperson and Members under
subsection (5) of Section 4;
(b) any other matter under clause (f) of sub -section (2) of Section 9,
(c) the form in which the account shall be maintained and the annual
statement of accounts shall be prepared unde r sub -section (1) of
Section 11;
(d) the form in, and the date by which the annual report shall be prepared
under Section 12;
(e) any other matter which is required to be or may be prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after
it is made before the Legislative Assembly.
16. Power to remove difficulties. — If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by order published
in the Official Gazette, make such provisions , not inconsistent with the provisions
of this Act as appear to it to be necessary or expedient for removing the
difficulty.
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CHHATTISGARH ACT
(No. 31 of 2013)
THE CHHATIISGARH RAJYA ALPSANKHYAK AYOG (SANSHODHAN)
ADHINIYAM, 2013
An Act to amend the Chhattisgarh Rajya Alpsankhyak Ayog Adhiniyam, 1996
(No. 15 of 1996).
Be it enacted by the Chhattisgarh Legislature in the Sixty-fourth Year of the Republic
of India, as.follows:-·
I.
2.
(1) This Act may be called the Chhattisgarh Rajya Alpsankhyak Ayog
(Sanshodhan) Adhiniyam, 2013.
(2) It shall come into force on such date as the State Government may appoint in
this behalf by notification in Official Gazette.
For clause (c) of .Section 2 of the Chhattisgarh Rajya Alpsankhyak Ayog Adhiniyam,
1996 (No. 15 of 1996), the following shall be substituted, namely:-
"(c) "Minority" for the purpose of this Act means,-
(i) A community notified as such by the Central Government for the
purpose of the National Commission fot Minorities Act, 1992
(No. 19 of ,1992), or
(ii) A community notified as such by the State Government."
716 ( 1)
Short title and
commencement.
Amendment
· Section 2.
of